HomeMy WebLinkAboutC81-046 Edwards Village Residential_SIA_Book 331 Recorded at 11:30 AM Oct 29, 1981 Fee:$18.00pd
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22"gG SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of
September, 1981, by and between EDWARDS VILLAGE PARTNERSHIP, a
Colorado General Partnership_, hereinafter called the Subdivider,
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and the Board of County Commissioners of Eagle County, hereinafter
called the County.
WITNESSETH:
WHEREAS, the Subdivider as a condition of approval of the
final plat of Edwards Village Residential, wishes to enter into a
Subdivision Improvements Agreement as provided for by Section
30-28-137, a Colorado Revised Statutes 1973, as amended; and,
WHEREAS, pursuant to the same authority, the Subdivider is
obligated to provide security or collateral sufficient in the
judgement of the Board of County Commissioners to make reasonable
provisions for completion of certain public improvements set forth
in Exhibit A attached hereto and incorporated herein; and,
WHEREAS, the Subdivider wishes to provide collateral to
guarantee performance of this Agreement, including construction of
the above -referenced public improvements by means of a promissory
note secured by a first deed of trust on real property located in
the County of Eagle, State of Colorado.
NOW THEREFORE, in consideration of the following mutual
covenants and agreements, the Subdivider and the County agree as
follows:
1. The Subdivider hereby agrees, at its sole cost and
expense, to furnish all equipment and material necessary to perform
and complete, within 36 months from the date of recordation of the
above -referenced subdivision final plat, in a good and workmanlike
manner, all public improvements as shown in the final plat documents
for the subject subdivision in accordance with all plans and speci-
fications for the subject subdivision filed in the office of the
County Engineer and/or Department of Community Development and to
do all work incidental thereto according to and in compliance
with the following:
a. All final plat documents submitted prior to or at
the time of final plat approval.
b. All laws of the United States of America, State of
Colorado, County of Eagle and its respective agencies,
affected special districts and/or service districts.
C. Such other designs, drawings, maps, specifications,
sketches, and other matter submitted by the Subdivider to
and approved by any of the above -referenced governmental
entities. All said work shall be done under the inspection
of, and to the satisfaction of the County Engineer and/or
the County Building Official, respectively, and shall not be
deemed complete until approved and accepted as completed by
the Board of County Commissioners of the County or said
Board's appointed designee.
2. The estimated cost of said work and improvements
is the sum of $348,840.00.
3. To secure and guarantee performance of its obliga-
tions as set forth herein, the Subdivider agrees to provide security
and collateral in the following form, as approved herein by the
County: a promissory note in the amount of $348,840.00 secured by
a first deed of trust on Lots 27, 28, 29, 30 & 31 of the subject
subdivision.
4. The Subdivider may at any time substitute the collat-
eral originally deposited with the County herein for another form
of collateral reasonably acceptable to the County to guarantee the
faithful completion of those public improvements referred to
herein and the performance of the terms of this Agreement.
5. The County shall not, nor shall any officer or
employee thereof; be liable or responsible for any accident, loss
or damage happening or occuring to the works specified in this
Agreement prior to the completion and acceptance of the same, nor
shall the County, nor any officer or employee thereof, be liable
for any persons or property injured by reason of the nature of
said work, but all of said liabilities shall and are hereby assumed
by the Subdivider.
The Subdivider hereby agrees to indemnify and hold harmless
the County, and any of its officers, agents, and employees against
any losses, claims, damages, or liabilities to which the County or
`qMWI any such of its officers, agents, or employees may become subject
to, insofar as any such losses, claims, damages or liabilities
(or actions in respect thereof) that arise out of or are based
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upon any performance by the Subdivider hereu • . nder, and the Subdivider
shall reimburse the County for any and all legal or other expenses
reasonably incurred by the County in connection with investigating
or defending any such loss, claim, damage, liability or action.
This indemnity provision shall be in addition to any other liability
which the Subdivider may have.
6. It is mutually agreed, pursuant to the provisions
of Section 30-28-137(3), Colorado Revised Statutes 1973, as amended,
that the County or any purchaser of any lot, lots, tract or tracts
of land subject to a plat restriction which is the security portion
of a subdivision improvements agreement shall have the authority to
bring an action in any district court to compel the enforcement of
any subdivision improvements agreement on the sale, conveyance or
transfer of any such lot, lots, tract or tracts or land or of any
`r.wl other provision of this article. Such authority shall include the
right to compel rescission of any sale, conveyance or transfer of
any lot, lots, tract or tracts of land contrary to the provisions
of any such restrictions set forth in the plat or in any separate
recorded instrument, by any such action shall be commenced prior to
the issuance of a building permit by the County where so required.
7. It is further mutually agreed that pursuant to the
provisions of Section 30-28-137(2), Colorado Revised Statutes 1973,
as amended, that as improvements are completed, the Subdivider may
apply to the Board of County Commissioners for a release of part or
all of the collateral deposited with said Board. Upon inspection
and approval, the board shall release said collateral. If the board
determines that any of such improvements are not constructed in
substantial compliance with specifications, it shall furnish the
Subdivider a list of specific deficiencies and shall be entitled to
withhold collateral sufficient to ensure such substantial compliance.
If the Board of County Commissioners determines that the Subdivider
will not construct any or all of the improvements in accordance with
all. of the specifications, the Board of County Commissioners may
withdraw and employ from the deposit of collateral such funds as may
be necessary to construct the improvements in accordance with the
specifications.
8. The Subdivider warrants all work and material for a
period of one year after acceptance of all work referred to in
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this Agreement by�he County. Further, the County shall have a
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right to require security or collateral be provided by Subdivider
to remain, as determined by the County, sufficient to cover any
and all claims under this warranty.
9. The County agrees to approval of the final plat of
Edwards Village Partnership, subject to the terms and conditions
of this Agreement.
10. Parties hereto mutually agree that this Agreement
may be amended from time to time, provided that such amendments
by in writing and signed by all parties hereto.
11. This Agreement shall be enforceable against the
Subdivider provided, however, that in the event the Subdivider
sells or transfers all or part of the subject subdivision, as
shown in the final plat (prior to extensive sales of individually
platted tracts), the obligation of the Subdivider under this Agree-
ment as to that portion of the subject subdivision may be assumed
by the purchaser of the parcel, and Subdivider shall have no further
obligations hereunder. It is agreed, however, that no such assump-
tion of these obligations shall be effective unless the Board of
County Commissioners gives its prior approval to such assumption,
.following and investigation of the financial condition of the
Purchaser.
12. It is .further agreed that the Subdivider shall at all
times from the acceptance by the Board of County Commissioners of
the roads offered for dedication in the subject subdivision to the
completion and acceptance of said work or improvements by the County,
give good and adequate warning to the traveling public from such
defective or dangerous condition. It is understood and agreed that
until completion of all the improvements herein agreed to be
performed, each of said roads not accepted as improved shall be
under the charge of Subdivider for the purpose of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first above written.
COUNTY OF EAGLE, STATE OF COLORADO
BY AND THROUGH ITS
ATTES BOAR OF COUNTY COMMISSIONERS
,*Mop/ BY: I
` Dal F. Grant, Mairmant
Clelilk of the Board of
County Commissioners
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SUBDIVIDER:
DS VI LAGE PARTNERSHIP, a
lo... General Partnership
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/-6eneral Partn. r 04+zraty%4A
BY: G"ry A k Lf fdc�
Greg9rf A. Kr ft
General Partner (as ecret hereof)
STATE OF L&eMad0 )
SS.
COUNTY OF )
The foregoing Subdivision Ip}provements Agreement was
acknowledged before me this ay7yday of , 1981, by
Ronald R. Sharp, Steven F. Wydeveld, and Gr gory A. Kraft as the
general partners of Edwards Village Partnership, a Colorado
general partnership. by (kW4&RAV,,bW
p,{}wnty to
witness my hand and official seal.
My commission expires: 0�. I.W
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EXHIBIT A
PUBLIC IMPROVEMENTS
FOR ROAD AND RE -VEGETATION
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AND RESTORATION OF AFFECTED TERRAIN
Said improvements shall include excavation, embarkments,
paved surfacing, drainage work and construction and installation
of culverts; and restoration and re -vegetation of terrain disturbed
by said improvements. All of the above as more specifically set
forth on the final plat for Edwards Village Res. &iCom., and those
public improvement maps, plans, and specifications for said
subdivision as filed and approved in the office of the County Clerk
and Recorder, and/or County Engineer and/or the Department of
N"WI' Planning and Development, respectively, of the County of Eagle,
State of Colorado, all of said filed and approved documents incor-
uorated herein by this reference.
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